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(영문) 수원지방법원 2016.03.30 2015고단6103

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 6, 2014, the Defendant would make payment in cash to the victims of metal products chain D operated by the victim C in Bupyeong-gu Incheon Metropolitan Government, Bupyeong-gu, Incheon, by “I will pay the victims in cash on the 27th day of each month, if I deliver V to B.

“.......”

However, even if there was no particular income at the time, the Defendant did not have any intention or ability to pay the V amount to the victim because the sum of the obligations was at least KRW 600 million, and the amount of the goods was paid to the company that received the V by the so-called “return prevention” method.

As can be seen, the Defendant: (a) from March 11, 2014, the Defendant deceptioned the victim; and (b) received the 2,118,676 V V at the market price of KRW 2,18,676 to April 12, 2014; (c) from that time, the Defendant received the delivery of the fVs equivalent to the 2,118,676 Vs; and (d) written indictment attached to the attached list of crimes (each “2015” in the delivery date refers to “2014” refers to “2015”; (c) however, the delivery date is indicated as “2015” as the date of delivery; (d) even if it is obvious that the Defendant is a clerical error and without

In total six times, such as the statement, the market price was 15,100,877 V from the damaged person through the supply.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each investigation report (the statement of the party against whom the investigation was made, the additional statement on the suspect's defense, and the submission of account details);

1. Application of Acts and subordinate statutes on creditors list;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances of the reason for sentencing) (the reason for sentencing) (the reason for sentencing) (the decision of recommendation) (the period of less than KRW 100 million) is the mitigated area (-1 year) (the person who is in charge of special sentencing) (the person who is in charge of special sentencing).